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HomeMy WebLinkAboutMINUTES 02-07-83OF THE T~STXN ~ O0~NC~L COUNCIL CHAMBERS 300 Centennial Way February 7, 1983 (?.&T.T. The meeting was called to order by Mayor Edgar at 7:36 Council~ersons Present: Conncilpersons Absent: OY-hers Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Frank H. Greinke Ronald B. Hoesterey Donald J. Saltarelli william A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Michael Brotemarkle, Comm. Dev. Director Roy Gonzales, Personnel Director Robert Ledendecker, Dir. of Public Works Charles R. Thayer, Chief of Police Royleen A. White, Comunity Services Dir. R. Kenneth Fleagle, Planning Consultant Approximately 25 in the audience The following' tenant of the California Aparem~_nts aired plaints pertain~-g to ~he condominium conversion: Peggy Matako, 14894 New~ort Avenue %G, s~ated the following con~ cema: 1) Tenants have received no~ice that as of ~rch 7, 1983, Y-hey must ~aF ~heir own electricity, in addition to rent, even though the rental agreement includes utilities - is this legal under City ordinance? 2) Are the individual meters already installed? If so, was a permit issued by the City? There are no visual effects that individual meters have been installed. 3) If individual ele~rici~y billing is legal, can tenants be furnished a meter reading on the effective date, eo that tenants kno~ what their me, er ia with the first monthly bill? 4) Will exterior lighting (carports, etc.) be included o~ the meters or kep~ separate? In addition, Ms. Mata~ voiced an individual complaint that the ceiling leaks and cockroach prob- l~e in her apart~_~nt have not been rec~ified as requested by her over the past ~wo years. In response to Ms. MatakoWs first concern, the City Attorney stated that tenants resl~ing in the California ApartmentS at the time of the condo conversion approval ere subject to the ordi- nance provision that their rent can*t be increased, which would inclede u~ilities, end despite individual meters they will be entitled to dedu~ that amount from their rent. He indicated tha~ the Co~a~ity Development Department will send notification to Ca1 State Associates, as well as affected tenants, regarding An unidentified m~mher of the audience concurred with Ms. Matnko~s commentS. Steven Price, 14918 Newport Avenue #E, tenant and employee of Cai State Associates, rebutted that he is no~ aware of any tenant co~laints lodged within the past 11 months or so. In reference to the u~ility increase, Mr. Price stated that i~ the appropriate procedure was not followed, =hen Cai State Asso- ciates is in dire need of Council approval to ~ass utility increases on, and Mr. Price requested same. CITY COUNCIL MINUTES Page 2, 2-7-83 The Mayor enlightened Mr. Price as to the public hearing proce- dure for same, and the City Attorney added that legal notice must also be given to affected tenants. In response to the Mayor, Mr. Price provided a timetable for project completion. James Shannon, 14922 Newport Avenue, requested that all tenants be informed of their various rights in an effort to resolve dis- crepancies that exist between tenants and management and that a meeting be held between tenants and Council to air existing prob 1 ams · The Mayor responded that there are appropriate avenues for enforcement of health and safety standards which must be fol- lowed prior to the Council becoming involved in same. It was clarified that the appropriate avenues are through City staff and tenants were encouraged to contact them with specific requests · 43 p~mr. TC m~XRTl~..c~ - None V. C0~S~NT It was moved by Hoesterey, seconded by Greinke, to approve the entire Consent Calendar. Motion carried 4-0, Saltarelli absent. 1. APPrOVaL ~ ~ - January 17, 1983 2. Pa~FICJLTZ011 ~ ~ in the amount of $206,181.23 APPI~)~B~ ~ DB~A~D$ in the a~mount of $773,049.85 5O 3e ACCEP~B:~ ~ POlZr~'rc .u,m.~,JV~.,.,.,~ ~E) ~ (~' BO~8 (Tract No. 11291, 1431 W~er Av~) ~ce~ ~e p~lio ~~n~s 'within Tra~ No. 11291 a~orize ~e ~lease of ~1 ~inent ~nds ~ ~co~d~ ~ ~e City ~g~eer. 4e ~W~A]TZO~ IlO. 83-9- A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND S~ECIFICATIONS FOR THE CITY OF TUSTIN FISCAL YEAR 1982-83 STREET MAINTENANCE' PROGRAM'AND DIRECTING THE CITY ~.~RK TO ADVERTISE FOR BIDS Ad6pt ~esolution No. 83-9 as recommended by the Engineering Department. 95 ~ FOR ~ ~XO~ - IR~ZN~ ~x.~D. FxU P~Ou-~CT M..-!~023(2) Grant to Grissom & Johnson Inc. a 15-calendar-day t~mA ex~cension to complete subject project as reco~nded by the Engineering Department. 95 9z~--.u~-x;. ~ FOR 198~ ~ ~ ~ .~-~aq~XO~ Authorize staff to execute a contract with Pyro Spec- taculars, Inc., for the 1983 pyromusical show as recc~=nded by the Director of Com~unity Services. 45 e R~.qO~OTI~ NO. 83-3 - A ~solution of the City Council of the City of Tustin, APPROVING FINAL TRACT MAP NO. 11746 (14351 Re~- hill Avenue) Uphold the findings of the Planning Co~mission by adoption of Resolution No. 83-3 as recommended by the Co---unity Development Department. 99 8e ~ ~BFE~OP~T ~CT (~ 1974 (HCD) Approve the contract and authorize the Mayor and City Clerk to execute it as rec~ended by the Co---unity Develo~ent Department · 45 RESOIA~TION NO. 83-11 - A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR FISCAL YEAR 1982-83 SIDEWALK AA~) CURB REPAIR PROGRAM Adop~ Resolution No. 83-11 as recomeended by the Engineering D epar~.ment. 92 CITY COUNCIL M~/qUTES Page 3, 2-7-83 10. F~G~TTIGSJ HO. 83-10 - A Resolution of the City Council of the City of Tustin, INITIATING REOP~ANIZATION PROCEDURES AND SCHED- ULING A REARING FOR THE ANNEXATION AND DETACHMENT OF CERTAIN INHABITED TERRITORY IN THE CITY OF IRVINE AND THE CITY OF T~SITN DESIGNATED AS REORGANIZATION NO. 53 dures and scheduling a protest hearing for March 21, le83, for the territory easterly and westerly of the new Myford Road known as Reorganization No. 53 as reco-~ended by the Planning Consultant. 24 ORDINANCE8 FOR thA~O~U~AX~ -- None ORDXI~IKIF~ FOR ADO~T~OH - None O~D ~.~m~:~- None liu..m.~,~.'S ~ FOR PARK!~,Y ~ ~ (14262 Heatherfield Drive) As rec~..u..ended in the staff repor~ ~ated January 12, 1983, pre- pared by the Maintenance Superintendent, it was moved by Hoes- terey, seconded by Greinke, to ~eny Mr. Ettleman~s request for the ~ree to be removed and not replaced. Following a brief Council/staff discussion ~eriod, the motion carried 4-0, Salta- relli absent. ' 86.1 The City Manager in~roduced Ron Paige, President of Recreation Syst~, Inc., who -mde a for~1 ~resentation o~ the ~sl~ develo~t re~ ~or ~1~ ~in P~k. Council/consultant/staff ~iscussion followed regarding a multi- purpose gymnasiu~/looker facili~y, activity scheduling, mini- mizing ~ymnasium cons~ruc~cion an~ maintenance costs, revenue- generating events which would make the facility self-supporting, an~ the possibili~y of: maintaining the revenue level generated by the Clifton C. Miller C~'wm~ulity Center. Bob Hill, m-m~er of the Citizens Advisory C~-tttee - Columbus TustinPark Develo~-ment, commended the-consultant and Connunity Services Director for their leadership~ stated that the com- mittee researche~ the proJec~ ~rcm a functional, no~ financial, viewpoint as £ar as needs of the community; and commented o~ the cow~ttee~s ~hree major recon~endations. Mr. Hill responded to Council questions and further discussion followed. Jim Baker, Lucero Way resident, questioned if the 9ymnasium will be an athletic facility to generate revenue or is the idea that of a 9eneral-purpose park facility, with some recreation, pr4m~ily for Tustin residents. Following c~nts by the Mayor, the Community Services Director reepondedthat the soft- ball fields were jointly builtby the City, School District, and Count~ wi~h a proviso that non-residents receive equal consid- eration as residents. Staff does t~ to keep the fields open a couple of weekend days a month for ~rop-in games, the School Distric~ keeps other fields open, and the City also utilizes Pepper~ree Park, where ~eople can have pick-up games. If the Co~tncil directs staff to keep the gymnasi~ facility self- sustaining, it will have ~4-4~] open time for ~rop-in play, with the philosophy that tho user ~ays. In response to Council- man Hoesterey, the Cc~--mity Services Director added that the City Attorne~ would have to clarify the legality of giving pref- erence to residents over non-residents on use of the proposed City facility. Further discussion followed. CITY COUNCIL MINUTES Page 4, 2-7-83 Rod McCloud, Lucero Way resident, expressed concern over cum- petition for fields, especially lighted fields, between adult and youth leagues, which will also occur with the gymnasium facility. Mx. McCloud stated a preference to keep the north side of the park open instead of as a picnic area, and requested that residents be notified and given the opportunity to provide input when the committee begins to get into specific plans. The motion by Edgar to approve the staff recommendation was withdrawn. It was then nu~ved by Hoesterey, seconded by Edgar, to continue the matter to February 22, 1983, to allow Councilman Saltarelli' s input. Carried 4-0, Saltarelli absent. 77 The City Manager presented the staff repor~ and reco~ndation. It was then moved by Hoesterey, seconded by Greinke, to: 1) Adopt Resolution No. 83-8: ~ES0X~F~ NO. 83-8 - A 9~solution of the City Council of the City of Tuatin AMENDING RESOLUTION NO. 82-1 DESIGNATING REPRESENTATION TO Tm SOUTH/CENTRAL REDEVELOPMENT PROJECT CO~ITTEE 2) Adopt a Minute Order reconfirming the appointment of the following n~med individuals to the Project Area Committee: Chamber ofC~rce - Jeff McElderry Tustin Unified School District - Larry Sutherland Property Owners (Adjacent to Area) - Betty Truit and John Harrison Residential Tenants'- EI-~ Anderson and Ann Durkee The motion carried 4-0, Saltarelli absent. As reco~ended in the repor~ dated Feb~,=~y 2, 1983, prepared by the Director of Public Works, it was moved, by Kennedy, seconded by Hoesterey, to deny the request for the removal of the "2 Hour Parking Anytime" res~riction along Santa Fe Drive between Red 8ill Avenue and Woodland AvenUe. The Director of Public Works interjected that since the writing of the staff report, s~aff discovered that adequate no~ice did not get out to the parties involved, and suggested that the mat- ter be continued to allow for adequate notice. A substitute motion was made by Kennedy, seconded by Hoestere¥, to continue the item to February 22, 1983. Carried 4-0, saltarelli absent. 74 The City Attorney affirmed Councilman Hoesterey's understanding that if no Council action is taken on the Planning C~ission agenda, actions of the PlA-ning Commission are automatically ratified. In response to Council concerns, the City MA-agar indicated that staff will include the vote on itg~s on the Plan- ning C~mmission Action Agenda. The report was received and filed'by unanimous informal consent. 81 The report dated January 26, 1983, prepared by the Director of Public Works on subject items was received and filed by unani- mous informal consent. 8~ CITY COUNCIL MINUTES Page 5, 2-7-83 The City Manager repoz~ced that the meeting of the Assembly Transportation Committee on AB 4 was cancelled at the request of Assemblyw~ Bergeson who felt more time was needed to notify the public of the meeting. No new hearing date has yet been S et · The City Manager provided information on other scheduled meet- ings which staff will be attending and monitoring. 101 AS recomended in the inter-corn dated February 2, 1983, prepared by the City Manager, it was moved by Kennedy, seconded by Hoes- terey, to continue the ma=ter to February 22, ]983. Carried 4-0, saltarelli absent. 107 Pursuant to the reco-~-endation contained in the inter-corn dated February 2, 1983, prepared by the City Manager, it was moved by Kennedy, seconded bM Hoesterey, to continue the matter to Febru- ary 22, ]983. Motion carried 4-0, Saltarelli absent. 29 ~ ~D&D ~(w~A~ - ~'XO~8 ~0. 83-12 & 83-13 The Director of Public Works presented the staff report and recommendation' as contained in his inter-corn dated February 4, 1983. Pursuant to the staff rec~ndation, it was moved by Hoesterey, seconded by Kennedy, to adop~ the following resolu- tions: ~~ NO 83-12 - A Resolution of the City Council of the City of Ttlstin REQUESTING THE COUNTY OF ORANGE TO INCLUDE IN T~; AR~EP~AL' HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF MYFORD ROAD FROM '£~ TERMINUS OF THE ~0ULTON pARKWAY FAU PROJECT TO MI~.?.~ DRIVE RE~O~I~I0~ NO. 8~--13 - A Resolution of the City Council of the City of Tustin REQUESTING THE COD1TTY OF ORANGE TO INCLUDE IN THE ARTER/AL HIGHWAX BRIDGE PROGRAM T~ DEVa~uOPMENT OF THE MYFORD ROAD BRIDGE OVER THE E~ ~0DENA-IRVINE FLOOD CONTROL CHANNEL Motion carried 3-0, Saltarelli absent, Greinke abstained due to insufficient time to review material. 95 The City Manager requested a closed session for discussion of legal metters. Conn¢i~ma- Greinke requested that the Tustin Chamber of Comerce investigate the hazardous waste fees which the County has billed to Tustin businesses without any prior notice. 102 It was moved by Hoesterey, seconded by Greinke, to reschedule Council meetings for 7:00 p.m. Mayor Pro Tern Kennedy expressed concern that it may be too early for many residents. Council- -~hers agreed to do so o~ a trial basis. The City Attorney advised that an urgency ordinance must first be adopted changing the meeting time. A substitute motion was made by Hoesterey, seconded by Greinke, to direct staff to prepare an urgency ordi- nance to change the Conncil meeting ~ime to 7:00 p.m. for the February 22, 1983, meeting. Carried 4-0, Saltarelli absent. CITY OOUNCIL MINUTES Page 6, 2-7-83 5o C~PI'~L :~.vROvaeasa~. ~ In response ~o Mayor Edgar, the Director of Public Works stated that the signal and three water projects will be ready for bid authorization at the February 22, 1983, meeting. The storm drain ~rojects will be ready for bid authorization in approxi- mately one month. Pursuant to Mayor Edgar's request, Council concurred to direct staff to initiate a meeting wi~h the Tustin Unified School District Board of Education regarding various issues of mutual interest, inclu~ing use of vacant school ~roperty, with Council to relay any c~her concerns for an informal agenda. 90 The Police Chief offered a few suggestions to Mayor Edgar in an effort to respond ~o his request for assistance in ~eterring speeding on residential streets, and a discussion period followed. The City Council joined Mayor Pro Tem Kennedy in congratulating City Manager Bill Huston o~ his birthday this ~ate. Stephen JohnsOn, Santiago Municipal Advisory Council, spoke on issues concerning the North Tustin unincorporated area and sug- gested that it is time for the City and the Santiago Municipal Advisory Council to join in discussion of matters of interest which would be beneficial to both par~ies. It was then ~ved by Edgar, seconded by Hoesterey, to adjourn at 9=42 p.m. to a Closed Session for discussion of legal matters, thence to a refreshment period preceding the League of Cities meet- ing on February 10, 1983, and thence to the nex~ adjourned regular meeting on Tuesday, Febr~ar~ 22, 1983.